Answer All The Questions in Detail
Answer All The Questions in Detail
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│ ENVIRONMENTAL PROTECTION IN OCI │
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Preamble & DPSPs Fundamental Duties Fundamental Rights
(Art. 47 & Art. 48A) (Art. 51A(g)) (Art. 21)
State obligation to protect Duty of every citizen Right to a wholesome
& improve environment. to protect nature. environment.
● The Preamble: The Preamble promises a socialist pattern of society and dignity of the
individual. A decent standard of living and a pollution-free environment are inherent to
ensuring human dignity.
● Directive Principles of State Policy (Part IV):
○ Article 47: Casts a primary duty on the State to raise the level of nutrition and the
standard of living of its people and the improvement of public health. Public health
cannot be improved without safeguarding the environment.
○ Article 48A: Explicitly states, "The State shall endeavour to protect and improve the
environment and to safeguard the forests and wildlife of the country."
● Fundamental Duties (Part IV-A):
○ Article 51A(g): Imposes a fundamental duty on every citizen of India "to protect and
improve the natural environment including forests, lakes, rivers and wildlife, and to
have compassion for living creatures."
● Fundamental Rights (Part III):
○ Article 21 (Right to Life): The judiciary has expanded this to include the right to a
wholesome, clean, and decent environment.
○ Article 14 & 19(1)(g): Used to strike down arbitrary state actions causing pollution
and to balance the freedom of trade with environmental regulations (e.g., regulating
polluting tanneries or brick kilns).
● Legislative Powers (Article 246 & Seventh Schedule):
○ List I (Union List): Entries 52 (Industries), 56 (Regulation of inter-state rivers).
○ List II (State List): Entries 6 (Public health and sanitation), 14 (Agriculture), 21
(Fisheries).
○ List III (Concurrent List): Entries 17A (Forests), 17B (Protection of wild animals and
birds).
● Article 253: Empowers Parliament to make laws for implementing international
agreements (this was the basis for enacting the Environment Protection Act, 1986,
following the Stockholm Conference).
● Evolution through Article 21: The court established that the "Right to Life" does not
merely mean animal existence; it encompasses the right to live with human dignity, which
inherently requires a healthy, safe, and unpolluted environment.
● Landmark Case Laws:
1. Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P. (1985) (Doon
Valley Case): This was the first case where the Supreme Court implicitly recognized
the right to a clean environment. The court ordered the closure of illegal limestone
quarries in the Mussoorie hills due to ecological degradation, balancing environment
against economic development.
2. M.C. Mehta v. Union of India (1987) (Oleum Gas Leak Case): The court introduced
the doctrine of Absolute Liability for hazardous industries and asserted that the
right to a liveable environment is a vital component of Article 21.
3. Subhash Kumar v. State of Bihar (1991): The Supreme Court explicitly ruled
that:"Right to live is a fundamental right under Article 21 of the Constitution and it
includes the right of enjoyment of pollution free water and air for full enjoyment of
life."
The court added that if anything endangers or impairs that quality of life, a citizen has
the right to approach the Supreme Court under Article 32.
4. Vellore Citizens Welfare Forum v. Union of India (1996): The court integrated
international environmental principles (Sustainable Development, Precautionary
Principle, and Polluter Pays Principle) into the domestic legal framework, declaring
them a part of the environmental jurisprudence under Article 21.
● Article 48A as a Direct Mandate: Inserted via the 42nd Amendment in 1976, Article 48A
directs that "The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country." This gives the state a positive directive
to enact robust environmental legislations like the Air Act, Water Act, and Environment
Protection Act.
● Article 47 as an Indirect Mandate: It commands the State to improve public health as a
primary duty. Since public health is directly contingent upon the quality of air, drinking
water, and sanitation, Article 47 obligates the State to control environmental pollution.
● Judicial Enforcement of DPSPs via Fundamental Rights: The real impact of DPSPs in
environmental protection comes from the judiciary reading Parts III (Fundamental Rights)
and IV (DPSPs) together.
○ In Sachidanand Pandey v. State of West Bengal (1987), the Supreme Court noted
that whenever an environmental problem is brought before the court, it is bound to
keep in mind Articles 48A and 51A(g).
○ The courts have frequently used Article 48A to interpret the scope of administrative
discretion, ruling that any state action or development project that arbitrarily
compromises ecology violates the directive principles and is therefore
unconstitutional.
● The Vedas: The Rig Veda and Atharva Veda contain hymns dedicated to the
elements—Earth (Prithvi), Water (Apas), Air (Vayu), Fire (Agni), and Space (Akasha). The
Atharva Veda’s Bhumi Sukta praises Mother Earth, stating: "The Earth is my mother, and I
am her child." It warns against over-extracting resources.
● Concept of Yajnas: Sacrifices or ritual offerings (Yajnas) were philosophically intended to
purify the atmosphere and maintain the cosmic and ecological order (Rta).
● Upanishads: The Isha Upanishad explicitly states that everything in the universe belongs
to the Supreme Power. One should enjoy resources with a sense of renunciation, without
coveting what belongs to others (promoting sustainable consumption).
● Reverence for Flora and Fauna: Specific trees (Tulsi, Peepal, Banyan) and animals (Cow,
Elephant, Lion) were associated with deities. This religious protection prevented
indiscriminate deforestation and poaching.
● Kautilya’s Arthashastra: Written during the Mauryan period, it stands as India's earliest
secular legal code containing environmental regulations. It prescribed strict punishments
and fines for cutting down trees in state forests, killing wild animals in sanctuaries
(Abhayaranyas), and polluting public water bodies.
● Emperor Ashoka’s Edicts: Ashoka’s Fifth Pillar Edict is historical evidence of
state-mandated wildlife protection. It banned the slaughter of certain species of animals,
fish, and birds, and prohibited burning forests unnecessarily.
● The Environment (Protection) Rules, 1986: These form the core operating rules.
○ Standards for Emission/Discharge (Rule 3): Dictates the maximum permissible
limits of environmental pollutants from various industrial processes into the air, water,
or soil.
○ Prohibition & Restriction on Location of Industries (Rule 5): Empowers the
government to consider factors like topographic features, proximity to residential
areas, or ecologically sensitive zones to ban or restrict specific industries.
● Specialized Sub-Rules under the EPA Framework: Over time, the Central Government
has notified specific rules to handle distinct categories of pollution:
1. Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016: Regulates the generation, storage, treatment, import, and disposal of
toxic industrial waste.
2. Bio-Medical Waste Management Rules, 2016: Mandates hospitals and clinics to
segregate and incinerate clinical waste safely to prevent biological contamination.
3. Solid Waste Management Rules, 2016: Governs the collection, segregation,
recycling, and disposal of municipal solid waste.
4. E-Waste (Management) Rules: Addresses the disposal and recycling of electrical
and electronic equipment through Extended Producer Responsibility (EPR).
5. Plastic Waste Management Rules, 2016: Restricts the thickness of plastic carry
bags and introduces bans on single-use plastics.
6. Noise Pollution (Regulation and Control) Rules, 2000: Sets ambient air quality
standards in respect of noise for industrial, commercial, residential, and silence
zones.
● Enforcement Powers supporting the Rules:
○ Section 5: Central government has the power to issue direct written orders for the
closure, prohibition, or regulation of any industry, or the stoppage of electricity or
water supply.
○ Section 15: Establishes strict penalties. Violating any provision or rule under the Act
is punishable with imprisonment up to 5 years, or a fine up to ₹1 Lakh, or both.
Very Short Answer Questions
Definition of Environment: 'Environment is everything which is not me.' Explain
briefly. (June 2023)
Albert Einstein's famous quote highlights the inclusive nature of the concept. Statutorily,
Section 2(a) of the EPA, 1986 defines environment as including:
"...water, air and land and the inter-relationship which exists among and between
water, air and land, and human beings, other living creatures, plants,
micro-organism and property."
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│ SUSTAINABLE DEVELOPMENT │
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Economic Growth Social Equity / Justice Environmental Care
(Viable business & jobs) (Fairness for people) (Conserving ecosystems)
● Role of the Indian Supreme Court: The Supreme Court recognized that balancing
industrialization with ecology is a constitutional necessity. It imported international
environmental law concepts and made them a part of domestic common law.
● Landmark Cases and Judicial Assimilation:
1. Vellore Citizens Welfare Forum v. Union of India (1996): In this case (concerning
toxic effluent discharge by tanneries in Tamil Nadu), Justice Kuldip Singh declared
that Sustainable Development is a balancing concept, and its core
sub-components—the Precautionary Principle and the Polluter Pays
Principle—are part of the law of the land under Articles 21, 47, 48A, and 51A(g).
2. M.C. Mehta v. Union of India (Taj Trapezium Case, 1997): Applying sustainable
development, the court ordered coke/coal consuming industries in the vicinity of the
Taj Mahal to either switch to Natural Gas (eco-friendly alternative) or relocate outside
the defined Taj Trapezium Zone (TTZ) to save the monument from degradation
caused by acid emissions.
3. Narmada Bachao Andolan v. Union of India (2000): The Supreme Court observed
that sustainable development means a harmonization of developmental strategies
with environmental care. It ruled that construction of big dams is not an antithesis to
sustainable development if proper rehabilitation and environmental mitigation steps
are executed simultaneously.
Polluter Pays & Public Trust: Write short notes on: (i) Polluter Pay Principle, (ii)
Public Trust Doctrine. (June 2023 - Notes)
(i) Polluter Pays Principle
● Concept: This principle states that the absolute cost of repairing environmental damage,
rehabilitating the ecology, and compensating victims should be borne entirely by the
polluting industry or individual responsible, rather than the state or general public.
● Judicial Application: In Indian Council for Enviro-Legal Action v. Union of India
(1996) (Bichhri Village Case), chemical industries generated highly toxic sludge that
contaminated the groundwater of a village. The Supreme Court ruled that the financial
responsibility for rectifying the damage rests strictly on the offending industry. Section 15
and 17 of the National Green Tribunal (NGT) Act, 2010 directly codify this principle.
● Concept: This doctrine states that certain natural resources—such as the air, sea, waters,
and forests—have such a great importance to the people as a whole that it would be
unjustified to make them the subject of private ownership. The State is not the owner of
these resources; it is merely a trustee holding them in trust for the free use of the
general public.
● Judicial Application: Codified in Indian jurisprudence through the landmark case M.C.
Mehta v. Kamal Nath (1997). In this case, a private motel company associated with a
politician diverted the flow of the River Beas for commercial safety and construction. The
Supreme Court applied the Public Trust Doctrine, quashed the state lease granted to the
motel, and ordered the company to pay damages for restitution of the riverbed.
● Traditional economic models treated ecological resources (clean air, water, forests) as
infinite goods with zero cost, resulting in severe degradation.
● Sustainable development asserts that long-term economic survival is impossible if the
biological foundation collapses. Protection of the environment acts as the restrictive
framework within which development must operate, shifting the focus from reckless
consumption to resource optimization, recycling, and conservation.
● Tarun Bharat Sangh v. Union of India (1992): An NGO filed a PIL against illegal mining
activities inside the Sariska Tiger Reserve. The Supreme Court stepped in, applied the
principle of ecological preservation, and ordered the total cessation of mining in the
protected forest zone.
● Bangalore Medical Trust v. B.S. Muddappa (1991): The state government attempted to
convert a space reserved for a public park into a private nursing home. A PIL challenged
this, and the Supreme Court struck down the allotment, stating that open green public
spaces are essential for urban public health and environmental quality.
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│ SECTION 21 CONSENT PROCESS (AIR ACT) │
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Establishment of Air Pollution Control Area (Sec 19)
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Application submitted to State Pollution Control Board
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Board conducts inquiry & inspects pollution control equipment
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Consent Granted Consent Refused
(Subject to compliance with (Operation of industrial plant
stack height & emission limits) becomes illegal)
● Establishment of Control Areas (Section 19): The State Government, after consulting
with the State Board, can declare any region within the State as an "Air Pollution Control
Area." No industrial plant can operate outside these parameters without complying with
emission controls.
● Mandatory Consent to Establish/Operate (Section 21):
○ No person can operate or establish an industrial plant within an air pollution control
area without obtaining the previous consent of the State Pollution Control Board
(SPCB).
○ An application for consent must contain details regarding raw materials, chimney
designs, and control equipment.
● Statutory Conditions for Operation (Section 21(5)): An occupier granted consent must
fulfill these statutory requirements:
1. Control equipment of approved specifications must be installed and kept
operational.
2. Existing control equipment must be altered or replaced according to the State
Board's changing directives.
3. Chimneys/stacks of specific heights must be erected to facilitate proper dilution of
gaseous emissions.
● Prohibition on Excess Emissions (Section 22): No person operating an industrial plant in
any air pollution control area can discharge emissions of any air pollutant in excess of the
standards laid down by the State Board.
Objectives & Success: Discuss the main objectives of Air (Prevention and Control
of Pollution) Act, 1981. How far the objectives of the Act have been achieved?
(May 2024)
● Main Objectives:
1. To provide for the prevention, control, and abatement of air pollution.
2. To establish Central and State Boards to carry out these functions.
3. To preserve quality of air and counter degradation caused by expanding
industrialization and urbanization.
● Assessment of Success (How far achieved):
○ Successes:
■ It established a functioning regulatory network (CPCB and SPCBs) across all
states.
■ It created uniform ambient air quality indices and forced major heavy industries
to install electro-static precipitators (ESPs) and scrubbers.
■ It provided the legislative foundation for major fuel upgrades (transitioning from
BS-IV to BS-VI vehicular fuel standards).
○ Failures/Challenges:
■ Urban air pollution indices (like Delhi’s AQI during winters) remain severe,
showing a failure to tackle non-industrial sources effectively, such as
crop-residue stubble burning and construction dust.
■ SPCBs are frequently understaffed and lack independent technical expertise,
leaving them vulnerable to bureaucratic delays or corruption.
■ The Act's enforcement relies heavily on criminal prosecution through magistrate
courts, leading to long delays in judicial enforcement.
1. They must install and operate pollution control equipment specified by the Board.
2. They must maintain structural chimneys/stacks of a height calculated to reduce
ground-level concentration of pollutants.
3. They must use only clean or permitted fuel types as authorized by the Board to prevent
toxic emissions.
Air Pollutants & Classification: What do you mean by "Air Pollutants"? Explain also
the classification of Air Pollutants. (May 2025)
● Definition [Sec 2(a)]: An "air pollutant" is any solid, liquid, or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or tend to
be injurious to human beings, other living creatures, plants, or property.
● Classification:
1. Based on Form:
■ Particulate Matter (PM): Solid or liquid aerosols (e.g., PM2.5, PM10, dust, soot).
■ Gaseous Pollutants: Toxic gases (e.g., Sulfur Dioxide ($SO_2$), Nitrogen Oxides
($NO_x$), Carbon Monoxide ($CO$)).
2. Based on Origin:
■ Primary Pollutants: Emitted directly from sources (e.g., smoke from a factory
chimney, fly ash).
■ Secondary Pollutants: Formed in the atmosphere via chemical reactions among
primary pollutants (e.g., Smog, Ground-level Ozone, Acid Rain).
1. A Chairman: Nominated by the State Government, who must have specific knowledge
or practical experience in matters relating to environmental protection or administration
of pollution control institutions.
2. Official Members: Not more than 5 officials nominated by the State Government to
represent administrative departments.
3. Local Authority Members: Not more than 5 persons nominated from members of local
authorities (municipalities, panchayats).
4. Non-Official Sector Members: Not more than 3 persons nominated by the State
Government representing interests of agriculture, fisheries, or trade/industry.
5. State Corporation Representatives: Not more than 2 persons nominated to represent
state-controlled corporations or companies.
6. Member-Secretary: A full-time technical and administrative expert appointed by the
government to handle day-to-day operations.
Joint Board: Write a comment on "Joint Board" under Water (Prevention and
Control of Pollution) Act, 1974. (May 2025)
A Joint Board is an administrative regulatory body created under Chapter III (Sections 13 to
15) of the Water Act, 1974 to manage transboundary water pollution issue across borders.
● Functions:
○ To analyze samples of water or sewage/trade effluent sent by Central Board
authorities.
○ To act as an expert referee laboratory in cases of disputes regarding conflicting test
results between industrial samples and State Board labs.
○ To carry out specialized research on handling and treating complex industrial
chemical effluents.
● The report signed by the Government Analyst at the Central Water Laboratory is treated
as conclusive evidence of the facts stated therein in a court of law (Section 53).
Power to Take Samples: Discuss the power of State Board to take samples of
effluents and the procedure to be followed in connection therewith. (May 2024)
Section 21 of the Water Act, 1974 gives the SPCB explicit power to take samples of water or
effluent from any stream, well, or industrial outlet for analysis. To make the sample legally
admissible as evidence in a prosecution, a strict statutory procedure must be followed:
┌────────────────────────────────────────┐
│ STATUTORY SAMPLING PROCEDURE (SEC 21) │
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Officer serves advance written notice to the Occupier of intent to sample.
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Sample is collected in front of the Occupier/Agent.
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Divided into 2 parts, sealed, and signed by both Officer & Occupier.
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Occupier is Present Occupier Wilfully Absent
Part 1 sent to State Lab. Single container sealed and sent
Part 2 kept for Central Lab directly to State Lab by officer.
(if requested by occupier). (Legal defense is forfeited).
1. Notice in Advance: The officer must serve a notice then and there of their intention to
have the sample analyzed to the occupier or agent.
2. Presence of Occupier: The sample must be divided into two parts, sealed, and marked
in the presence of the occupier or agent. Both parties must sign the containers.
3. Splitting the Sample:
○ Part 1 is sent to the State Water Laboratory.
○ Part 2 is preserved. If the occupier objects to the initial testing, they can request the
court to send this second container to the Central Water Laboratory for a final
assessment.
4. Handling Absences: If the occupier wilfully absents themselves or refuses to sign, the
officer seals the sample individually, gets it witnessed by a third party, and sends it
directly to the lab. The sample remains legally valid.
● Industrial Effluents: Heavy metals (Lead, Mercury, Cadmium) and organic chemicals
discharged by chemical plants, tanneries, and textile units.
● Domestic Sewage: Untreated household waste containing organic matter, nitrites, and
dangerous pathogens (Coliform bacteria) causing oxygen depletion (Eutrophication).
● Agricultural Runoff: Chemical fertilizers (phosphates) and chemical pesticides (DDT)
washed into lakes and rivers by rainwater.
● State Rules Regulating Protected Forests (Section 32): The State Government has
powers to issue rules for protected forests to regulate:
○ The cutting, sawing, conversion, and removal of trees and timber.
○ The granting of licenses to inhabitants to take timber or charcoal for domestic utility.
○ The regulation of grazing of cattle and pasture clearances.
○ The clearing and breaking up of land for cultivation or building purposes.
○ The protection from fire and prohibition of destructive practices.
Indian Forest Act, 1927 Role & Need: How does the Indian Forest Act, 1927 help in
maintaining the environmental balance? (May 2024)
The Indian Forest Act, 1927 provides a comprehensive legal framework for state control and
management of forest timber, preventing commercial over-exploitation.
1. Selecting and declaring areas as Sanctuaries, National Parks, and Closed Areas.
2. Formulating policies for the protection and conservation of wildlife and specified plants.
3. Measures to harmonize the needs of tribal and local forest dwellers with wildlife
conservation.
National Park: What is the purpose of the constitution of an area as National Park?
(June 2022)
Under Section 35 of the Wildlife Act, an area is declared a National Park by reason of its
ecological, faunal, floral, or zoological importance. The purpose is to protect, propagate, or
develop wildlife therein. No human activity or private rights are permitted within a National
Park, unlike a sanctuary.
Protected Forests (Short Term): Protected forests. (May 2019, June 2022)
Forest or waste lands notified under Section 29 of the Indian Forest Act, 1927, where the state
exercises general protection but allows local communities to exercise traditional customary
rights unless explicitly prohibited.
Protected vs. Reserved (Short Concept): Protected forest and Reserved forest.
(May 2024)
Reserved forests represent the highest tier of state protection where all public entries/rights
are banned by default. Protected forests are a secondary tier where limited public usage is
allowed under state surveillance.
Act Necessity: What is the need for the Indian Forest Act, 1927? (May 2025)
The Act is necessary to regulate the transit of timber and forest produce, consolidate laws
relating to forests, and empower the state to create forest reserves to prevent ecological
desertification and unchecked logging.
● Noise as a Public Nuisance under IPC: Under the Indian Penal Code (IPC), noise is
evaluated under Section 268 (Public Nuisance). A person is guilty of a public nuisance if
they commit an act that causes any common injury, danger, or annoyance to the public or
to people in the vicinity. Loudspeakers, late-night industrial hammering, or domestic horn
misuse fall squarely under this definition. Section 290 provides penal fines for public
nuisance cases where no specific punishment is carved out.
● Noise as a Health Hazard under Environmental Law: Modern environmental
jurisprudence treats noise as a biological hazard rather than a simple annoyance.
Prolonged noise exposure causes sleep disruption, psychological stress, high blood
pressure, and permanent hearing impairment.
○ The Air Act, 1981 was amended in 1987 to explicitly include "noise" within the
statutory definition of an air pollutant.
○ The Noise Pollution (Regulation and Control) Rules, 2000 categorize urban
regions into Industrial, Commercial, Residential, and Silence zones, establishing strict
decibel ($dB$) thresholds for day and night. The Supreme Court in In Re: Noise
Pollution Case (2005) banned the use of loudspeakers between 10:00 PM and 6:00
AM to safeguard the fundamental right to rest and health under Article 21.
Section 133 CrPC: Examine the scope of section 133 of code of criminal procedure
as a tool for combating environmental pollution. (June 2023)
Section 133 of the Code of Criminal Procedure (CrPC) provides a speedy, summary remedy
to address urgent public nuisances, serving as an effective tool for local environmental
enforcement. It empowers a District Magistrate (DM) or Sub-Divisional Magistrate (SDM) to
issue a conditional order directing the polluter to cease the nuisance within a fixed timeframe.
CrPC General Framework: Discuss the provisions under the Criminal Procedure
Code 1973 for combating environmental pollution. (June 2022)
Beyond Section 133, the CrPC provides a comprehensive framework for urgent executive
intervention to prevent environmental degradation:
● Section 133 (Conditional Order for Nuisance): Allows an SDM/DM to order a factory to
stop discharging toxic fumes or relocate if it harms public health.
● Section 142 (Injunction Pending Inquiry): If the magistrate believes that immediate
damage or serious injury to the public is imminent before a regular inquiry can finish, they
can issue an immediate injunction to stop the polluting activity.
● Section 144 (Urgent Cases of Nuisance or Apprehended Danger): Gives absolute
power to issue immediate, ex-parte orders to direct any person to abstain from a certain
act if it is necessary to prevent danger to human life, health, or safety. (Often used to
enforce temporary bans on plastic usage, regulate immersion of idols during festivals, or
control loud noise emissions).
Indian Penal Code (IPC): Explain provisions of Indian Penal Code which provide
penal action for environment pollution. (May 2025)
The IPC provides a foundational set of criminal remedies for environmental offenses, primarily
under Chapter XIV (Offenses Affecting Public Health, Safety, Convenience, Decency, and
Morals):
● Section 268 (Public Nuisance): General provision penalizing acts causing common injury
or annoyance to the public.
● Section 269 & 270: Penalizes negligent or malignant acts likely to spread infection of any
disease dangerous to life (applicable to reckless dumping of hazardous medical or
biological waste).
● Section 277 (Fouling Water of Public Spring or Reservoir): Punishes anyone who
voluntarily corrupts or fouls the water of a public spring or reservoir, making it less fit for
its ordinary use, with up to 3 months imprisonment, a fine of ₹500, or both.
● Section 278 (Making Atmosphere Noxious to Health): Punishes anyone who voluntarily
vitiates the atmosphere in any place so as to make it noxious to the health of persons in
the neighborhood with a fine up to ₹500.
● Sections 425 & 440 (Mischief): Applicable when pollution damages public or private
property (e.g., poisoning water bodies to kill cattle or fish).
┌────────────────────────────────────────┐
│ NGT COMPOSITION (SEC 4) │
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Judicial Members Expert Members
(Current/Retired SC Judges or (Ph.D. holders with 15+ years
High Court Chief Justices) environmental experience)
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└──────────────────────┬──────────────────────┘
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A balanced bench ensures
legal & scientific competence.
● Constitution of the NGT (Section 4):
1. A full-time Chairperson (appointed by the Central Government in consultation with
the Chief Justice of India).
2. Not less than 10 and up to 20 full-time Judicial Members (drawn from retired
Supreme Court or High Court Judges).
3. Not less than 10 and up to 20 full-time Expert Members (professionals with master's
degrees/Ph.D. in science/engineering and 15 years of practical field experience in
environmental matters).
● Jurisdiction and Powers:
○ Civil Jurisdiction (Section 14): The NGT has jurisdiction over all civil cases where a
substantial question relating to the environment is involved, arising out of the
implementation of statutes listed in Schedule I (Water Act, Air Act, EPA, Forest
Conservation Act, Biodiversity Act).
○ Power to Grant Relief & Compensation (Section 15): The NGT can order financial
compensation to victims of pollution, and direct the restitution of damaged property
or the clean-up of affected ecosystems.
○ Binding Nature (Section 19): The NGT is not bound by the technical procedure laid
down in the Code of Civil Procedure, 1908; it is guided by the principles of natural
justice. Its orders are executable as decrees of a civil court.
○ Appeals: Appeals against NGT orders go directly to the Supreme Court of India
within 90 days (Section 22).